James v. Fish (In re Fish)
| Decision Date | 13 February 1945 |
| Citation | 17 N.W.2d 558,246 Wis. 474 |
| Parties | In re FISH. JAMES et al. v. FISH. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from an order of the Circuit Court for Richland County; Arthur W. Kopp, Judge.
Proceeding in the matter of the unnamed, illegitimate child of Isolene Fish, wherein Ada L. James, President of the Richland County Child Welfare Board, and others filed a petition asking for an order terminating the parental rights of the mother because of abandonment of the child. An appeal from the order of the juvenile court dismissing the petition was dismissed by the circuit court, and petitioners appeal.-[By Editorial Staff.]
Order affirmed.
Petition filed January 19, 1944, by Ada L. James as president of the Richland County Child Welfare Board asking for an order termining the parental rights of the mother because of abandonment of her illegitimate child. An order to show cause why her parental rights over such child should not be terminated, was issued. And upon the hearing, Judge O'Neill, in juvenile court, held that respondent had not abandoned her child and entered an order dismissing the petition. There was an appeal to the circuit court where the appeal was dismissed.
Hill, Beckwith & Harrington, of Madison, and Leo P. Lownik, of Richland Center, for appellant.
Lorin L. Kay, of Richland Center (Vernon W. Thompson, of Richland Center, of counsel), for respondent.
The question raised is: Does sec. 48.07(8), Stats., give to petitioners a right of appeal to the circuit court from the order of the juvenile court? The section reads:
In any case where a child is found, determined or adjudged by the juvenile court to be dependent, neglected or delinquent or in case of the transfer of the permanent control, care and custody of a child or the termination of the rights of a parent or the parents with reference to such child, appeal may be taken to the circuit court of the same county or if the circuit judge is the judge of the juvenile court, directly to the supreme court. * * *'
The right to an appeal is not a common law right. Unless the statute provides for an appeal, no right exists. Fronhaefer haefer v. Richter, 1941, 237 Wis. 282, 296 N.W. 588;City of Green Bay v. Saunders, 1941, 237 Wis. 229, 296 N.W. 592;Witt v. Wonser, 1928, 195 Wis. 593, 219 N.W. 344.
Where a juvenile court act contains the entire procedure relative to dependent or delinquent children and makes no provision for appeal, no appeal can lie. Marlowe v. Commonwealth, 1911, 142 Ky. 106, 133 N.W. 1137; Ex parte Januszewski, C.C. 1911, 196 F. 123. The procedure resorted to under the act is a judicial investigation without adversary parties, for the purpose of conducting inquiry, when occasion warrants it, as to the welfare of a child and the manner of a parent's discharge of obligations arising out of that relationship.
In Ogden v. State, 1916, 162 Wis. 500, 156 N.W. 476, 477, this court said: ...
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...v. Beals, 52 Wis.2d 599, 605, 191 N.W.2d 221 (1971); State v. Koopman, 34 Wis.2d 204, 206, 148 N.W.2d 671 (1967); In re Fish, 246 Wis. 474, 476, 17 N.W.2d 558 (1945). Moreover, neither the prosecution nor the defense is expressly authorized under sec. 808.03, Stats., to seek permissive We n......
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D. H. v. State
...agency would come within the class of those aggrieved by the adjudication and directly affected thereby. This overrules In re Fish, 246 Wis. 474, 17 N.W.2d 558 (1944)." See also : In re Johnson, 9 Wis.2d 65, 100 N.W.2d 383 (1960). However, In re Fish was not overruled as to the following po......
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... ... Brookens , 100 Wis.2d 681, ... 689, 303 N.W.2d 581 (1981); see also James v. Fish , ... 246 Wis. 474, 477, 17 N.W.2d 558 (1945). That is because ... "[a] ... ...
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...Unless an appeal from a circuit court's determination is authorized by statute, that determination is not appealable. In re Fish, 246 Wis. 474, 476, 17 N.W.2d 558 (1945). The statutes applicable to the case at bar provide for appeals from final judgments, interlocutory judgments and orders.......